Georgia Department of Motor Vehicle Safety — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department Washington, D.C. 20590 400 Seventh St., S.W. Special Programs Research and Administration ОСТ 14 2004 Captain Bruce Bugg Ref No. 04-0191 Special Projects Coordinator Georgia Department of Motor Vehicle Safety Law Enforcement Division 2206 East View Parkway Conyers, GA 30013-8047 Dear Captain Bugg: This is in response to your August 31, 2004 e-mail requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to prohibited and permissive placarding. Specifically, you ask whether the company logo as shown in the photograph you supplied is prohibited under the HMR. As provided in § 172.502(a), no person may affix or display on a packaging, freight container, unit load device, motor vehicle or rail car any sign, advertisement, slogan, or device, that, by its color, design, shape or content, could be confused with any placard prescribed in this subpart. This prohibition is intended to limit the potential dilution of hazard warning communication provided by the appropriate hazardous materials placards. The logo as shown in the photograph is designed in the same "shape" (a square-on-point configuration) as that of hazard warning placards, can be confused with a placard prescribed in the HMR, and, therefore, is prohibited under § 172.502. I hope this information is helpful. If we can be of further assistance, do not hesitate to. contact us. Chief, Standards Development Office of Hazardous Materials Standards 172.50г (a)(2) 040191#

Page 2Pollack, Arthur (B-A-H) Foster Sent: From: Bruce Bugg [obbugg@dmvs.ga.gov] Subject: To: Friday, August 27, 2004 12:59 PM §172.502(a)(2) INFOCNTR <RSPA> Clarification re 172.502 Benton -Georgia Inc. trk95plackard.jpg (94 KB) IM000047.JPG (60 KB) Placard Doc..doc (362 KB) 000101.pdf (95 KB) 020211.pdf (163 KB) 020230.pdf (103 07387.pdf (112 KB) 07617.pdf (66 KB) Office of Hazardous Materials Standards Mr. Ed Mazzullo 400 Seventh Street, SW US DOT / RSPA Washington, DC 20590-0001 Dear Sir: $172.502 (a) (2). One of our officers feels that the logo in question sufficiently resembled This e-mail requests a written clarification of the attached logo as it relates to 49 CFR carrier contacted me, and in my official capacity here, as well as Chair of the CVSA an "explosives" placard or label, and therefore wrote the carrier for a violation. The . HazMat Committee, I replied that I felt the officer was correct. However, due to the several conflicting letters of clarification issued in similar matters over the years (see the attached *.pdf documents), we must ask US DOT to make the call. Attached question measures approximately 5-5/8" square. are photographs of the vehicle operated by Benton-Georgia Inc. The logo in AAAAAAAAAAAALA AAAAAAAA Capt. Bruce Bugg Special Projects Coordinator Law Enforcement Division P.Q. Box 80447 Georgia Department of Motor Vehicle Safety Phone: Conyers, GA 678.413.8825 30013-8047 e-mail: Fax: 678.413.8832 obbugg@dmvs.ga.gov "Making the simple complicated is commonplace; making the complicated simple, simple, that's creativity." -- Charles Mingus (Musician, 1922-1979) awesomely From: Greene, Doug [mailto:dgreene@benton-georgia.com] -----Original Message----- To: Bruce Bugg Sent: Wednesday, August 25, 2004 16:25 Subject: FW: Benton -Georgia Inc. Placard Doc. .doc Captain Bugg, a Picture of our newest emblem that we have used last 5 years. We have used these emblems Attached is picture of the truck # 95 that was stopped, a copy of the Inspection and also or 18 years and this is the first time it has ever been questioned. Benton-Georgia i ipeline utility and cable contracting company with 165 truck with the pictured emblems o 1#

Page 3them you help and opinion on this matter will be appreciated. Thanks Doug Greene vP training & safety 770-942-8180 ext 120 Benton-Georgia Inc Cell 678-618-4695 <<Placard Doc.. doc>>#